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<br />1. SD-76 requires that all building maintain a setback of 10 feet on <br />Hutton Centre Loop. <br /> <br />2. The City Council determines that the following findings which must <br />be established, pursuant to Santa Ana Municipal Code Section 41- <br />638, in order to grant a variance, have been established: <br /> <br />i. That because of special circumstances applicable to the <br />subject property, including size, shape, topography, location <br />or surroundings, that the strict application of the zoning <br />ordinance is found to deprive the subject property of <br />privileges not otherwise at variance with the intent and <br />purpose of the provisions of this Chapter. <br /> <br />The MacArthur Place South site is a contained site <br />surrounded by existing commercial and residential <br />developments. The setback reduction is necessary <br />due to the design restrictions of the high-rise <br />residential towers. The setback variance will allow <br />the applicant the ability to create pedestrian linkages <br />among the various land uses within SD-76 and to <br />encourage the "urban edge" design concept by <br />providing reduced setback along East Hutton Centre <br />Drive. Further, the objectives of SD-76 promotes a <br />visually harmonious development as viewed both <br />internally and externally and to provide landscaping <br />that is appropriate to the level of development and to <br />encourage flexibility in development while achieving <br />overall City and community goals. <br /> <br />ii. That the granting of a variance is necessary for the <br />preservation and enjoyment of one or more substantial <br />property rights. <br /> <br />The granting of the setback variance will preserve the <br />property owner's ability to develop the property within <br />a well-designed mixed-use community that is <br />consistent with the SD-76 zoning district. Upgraded <br />architectural materials and landscape palette will be <br />incorporated throughout the proposed MacArthur <br />Place South development to compensate the reduced <br />setbacks. <br /> <br />iii. That the granting of a variance will not be materially <br />detrimental to the public welfare or injurious to surrounding <br />property. <br /> <br />Resolution No. 2005-064 <br />Page 18 of 28 <br />